Chico >> Proposed federal food safety rules could curb the ability of breweries, like Sierra Nevada Brewing Co., from providing grain leftover from the brewing process to area farmers.

Ryan Arnold, Sierra Nevada's communications manager, said the extent of the proposed federal Food and Drug Administration rule was still unknown. However, he said meeting the rule could require notable adjustments and could limit the brewery's ability to supply grain. Sierra Nevada essentially donates the grain to the Chico State University Farm and otherwise makes a small amount of revenue on it, according to Arnold.

"Being able to distribute spent grain is of great importance to us and obviously to the end user," Arnold said.

Last year, Sierra Nevada generated 40,000 tons of spent grain and yeast as part of the brewing process. Arnold said providing the spent grain to farms was part of how the company kept 99.8 percent of its solid waste from reaching landfills.

Providing spent grains to farms is also part of the brewery's effort to create a closed loop, where spent grain helps feed University Farm cattle which becomes beef in the Sierra Nevada Taproom.

Rule covers breweries

The FDA was taking public comment through Monday about the rule, which calls for enacting preventative controls and current good manufacturing practices for animal food. It is part of new rules being enacted under the FDA Food Safety Modernization Act, approved by Congress in 2010.

The rule change would impose new sanitary handling procedures, record keeping standards and other food safety processes on brewers, according to the Associated Press. The rules would apply to domestic and imported animal food, including pet food and raw materials, according to the FDA.

The FDA has tentatively concluded the rule applies to breweries because spent grains aren't themselves alcoholic beverages, which may be exempted, and humans come in direct contact with them.

The Beer Institute, along with the American Malting Barley Association, has challenged the FDA's inclusion of breweries in the new rule. In their comment (http://goo.gl/7TswYz), the associations wrote that Congress intended to exempt all aspects of beverage alcohol manufacturing from the rule. The industry is already heavily regulated and works to minimize the need for additional regulation, they wrote.

Critics are concerned the rules would require breweries to spend considerable resources to dry, package and analyze the grains before being able to send them to farmers, according to the Bangor Daily News.

Bear Republic brewmaster Rich Norgrove says the rules would be costly and force brewers to dump the grains, instead of the more sustainable practice of feeding them to livestock, according to The Santa Rosa Press Democrat (http://bit.ly/1gHHTsd).

The Beer Institute has estimated it may cost a single brewery $13.6 million in initial and ongoing costs to comply.

Risk is low

The Beer Institute also notes the public health risk from spent grains is exceedingly low, due in part to the quality of materials and the brewing process. There has not been a single reported negative incidence with spent grain, according the Beer Institute's Chris Thorne.

Arnold said there historically haven't been issues with brewery spent grain. At Sierra Nevada, he said there are several steps to ensure the spent grain is a safe product. He said the company first secures quality raw ingredients.

When the grains are put through the mashing process, just prior to brewing, they are kept with water up to 170 degrees. The product remains safe for animal and human consumption, Arnold said.

Exploring options

Many are concerned that some breweries may send their spent grain to the landfill. According to the Beer Institute, American breweries generated 2.7 million tons of spent grain in 2012. Less than 10 percent is composted, sent to landfills or otherwise disposed of.

Arnold said some smaller breweries may consider landfills, but Sierra Nevada would find a way to avoid that.

He said he wasn't sure which options would work. He said composting systems at the brewery and nearby would be unable to handle all the spent grain.

The brewery has a HotRot composting system, which converted 257 tons of food waste, hops and spent grain into compost in 2012, according to the company's sustainability report.

After the public comment period is closed, the FDA may issue its final rule. Large businesses may have a year to comply with the rules while smaller businesses of less than 500 employees may have two years.

Arnold said Sierra Nevada is waiting for specifics and hoping to get a clearer picture. He said the company is working with other craft breweries and advocates to start a dialog with the FDA.